Hwa Aik Engineering v Munshi Mohammad Faiz: Dual Vicarious Liability & Contribution Claims in Personal Injury
Hwa Aik Engineering Pte Ltd applied for leave to appeal against a decision of the General Division of the High Court regarding a personal injuries claim filed by Munshi Mohammad Faiz against Interpro Construction Pte Ltd, K P Builder Pte Ltd, and Hwa Aik Engineering Pte Ltd. The High Court found Interpro Construction Pte Ltd and Hwa Aik Engineering Pte Ltd 100% liable to the plaintiff. The application for leave to appeal was dismissed by the Appellate Division of the High Court.
1. Case Overview
1.1 Court
Appellate Division of the High Court1.2 Outcome
Application dismissed.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Application for leave to appeal decision on dual vicarious liability and contribution claims in a personal injury case. Leave to appeal was dismissed.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Hwa Aik Engineering Pte Ltd | Applicant | Corporation | Application Dismissed | Lost | Cephas Yee Xiang, Pang Haoyu Samuel, Ng Zhenrong |
| Munshi Mohammad Faiz | Respondent | Individual | No Submissions Filed | Neutral | Han Hean Juan, Neo Jie Min Jamie, Wong Ying Joleen |
| Interpro Construction Pte Ltd | Respondent | Corporation | No Submissions Filed | Neutral | Raymond Wong, Ang Xue Ying Rachel |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Woo Bih Li | Judge of the Appellate Division | Yes |
| Quentin Loh | Judge of the Appellate Division | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Cephas Yee Xiang | Aquinas Law Alliance LLP |
| Pang Haoyu Samuel | Aquinas Law Alliance LLP |
| Ng Zhenrong | Aquinas Law Alliance LLP |
| Han Hean Juan | Hoh Law Corporation |
| Neo Jie Min Jamie | Hoh Law Corporation |
| Wong Ying Joleen | Hoh Law Corporation |
| Raymond Wong | RW ong Law Corporation |
| Ang Xue Ying Rachel | RW ong Law Corporation |
4. Facts
- Plaintiff was injured by an excavator operated by Sujan while working at a construction project.
- Interpro Construction Pte Ltd was the sub-contractor and employer of the plaintiff.
- Hwa Aik Engineering Pte Ltd supplied the excavator and operator (Sujan) to Interpro Construction Pte Ltd.
- The excavator moved and collided into the plaintiff when it was not supposed to be moving.
- The District Court initially found only Interpro Construction Pte Ltd and K P Builder Pte Ltd liable.
- The Judge of the General Division of the High Court found Interpro Construction Pte Ltd and Hwa Aik Engineering Pte Ltd 100% liable.
- Neither D1 nor D3 had brought contribution proceedings against any other co-defendant.
5. Formal Citations
- Hwa Aik Engineering Pte Ltd v Munshi Mohammad Faiz and another, Originating Summons No 5 of 2021, [2021] SGHC(A) 1
6. Timeline
| Date | Event |
|---|---|
| Plaintiff injured by excavator. | |
| Plaintiff commenced action in the District Court (DC/S 265/2017). | |
| District Court found D1 and D2 liable; D3 not liable. | |
| Judge of the General Division of the High Court found D1 and D3 100% liable; D2 not liable. | |
| D3 filed application for leave to appeal. | |
| Application dismissed. | |
| Grounds of decision delivered. |
7. Legal Issues
- Dual Vicarious Liability
- Outcome: Leave to appeal was not granted as the appropriate inquiry has been set out in Ng Huat Seng.
- Category: Substantive
- Sub-Issues:
- Test for imposing joint and dual vicarious liability
- Lending of an employee
- Related Cases:
- [2017] 2 SLR 1074
- [2006] QB 510
- Contribution Between Co-Defendants
- Outcome: Leave to appeal was not granted as D3 had not argued for contribution from D1 or D2 before the Judge.
- Category: Procedural
- Sub-Issues:
- Apportionment of liability without formal claim
- Solicitor's omission to file formal claim
- Related Cases:
- [2006] QB 510
- [2012] SGHC 99
- [1991] 1 SLR(R) 270
8. Remedies Sought
- Monetary Compensation
- Damages for Personal Injuries
9. Cause of Actions
- Negligence
- Personal Injury Claim
10. Practice Areas
- Commercial Litigation
- Appellate Practice
- Personal Injury Law
- Construction Litigation
11. Industries
- Construction
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Lee Kuan Yew v Tang Liang Hong and another | Unknown | Yes | [1997] 2 SLR(R) 862 | Singapore | Cited for the three grounds for granting leave to appeal. |
| IW v IX | Unknown | Yes | [2006] 1 SLR(R) 135 | Singapore | Cited for the three grounds for granting leave to appeal. |
| Ng Huat Seng and another v Munib Mohammad Madni and another | Court of Appeal | Yes | [2017] 2 SLR 1074 | Singapore | Cited regarding the test for vicarious liability. |
| Viasystems (Tyneside) Ltd v Thermal Transfer (Northern) Ltd and others | Court of Appeal | Yes | [2006] QB 510 | United Kingdom | Cited regarding the test for vicarious liability and apportionment of liability between co-defendants. |
| Various Claimants v Catholic Child Welfare Society and others | Unknown | Yes | [2012] 3 WLR 1319 | United Kingdom | Discussed the Viasystems case and the approach to vicarious liability. |
| Manickam Sankar v Selvaraj Madhavan (trading as MKN Construction & Engineering) and another | High Court | Yes | [2012] SGHC 99 | Singapore | Cited regarding making an order for contribution between co-defendants. |
| Ng Kim Cheng v Naigai Nitto Singapore Pte Ltd and another | High Court | Yes | [1991] 1 SLR(R) 270 | Singapore | Cited regarding making an order for contribution between co-defendants, but found to be of no assistance. |
| Munshi Mohammad Faiz v Interpro Construction Pte Ltd and others and another appeal | High Court | Yes | [2021] SGHC 26 | Singapore | The Judge’s decision was reported in this case. |
13. Applicable Rules
| Rule Name |
|---|
| Order 16 r 8 of the Rules of Court (Cap 322, R 5, 2014 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap 322, 2007 Rev Ed) | Singapore |
| Civil Law Act (Cap 43, 1999 Rev Ed) | Singapore |
| Rules of Court (Cap 322, R 5, 2014 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Vicarious Liability
- Dual Vicarious Liability
- Contribution Claim
- Apportionment of Liability
- Permanent Employer
- Temporary Employer
- Excavator
- Personal Injury
- Leave to Appeal
15.2 Keywords
- vicarious liability
- contribution
- personal injury
- construction
- appeal
- negligence
16. Subjects
- Civil Procedure
- Tort Law
- Construction Law
- Appeals
- Vicarious Liability
17. Areas of Law
- Civil Procedure
- Appeals
- Tort Law
- Vicarious Liability
- Construction Law